In order to require a domestic worker to work on a public holiday, this must be agreed to in a contract of employment.[i]
If a public holiday falls on a day on which the domestic worker would normally have worked, the employer is required to pay[ii]
If a public holiday falls on a day that a domestic worker would not normally work and the domestic worker works on that day, the employer is required to pay:[iii]
It goes without saying that if a public holiday falls on a day that the domestic worker would not normally have worked and the domestic worker does not work on that day, he/she is entitled to no additional pay (i.e. in the case of part-time domestic workers).
The following table provides a useful example of the calculation of pay for work on public holidays.
PAY FOR WORK ON PUBLIC HOLIDAYS – EXAMPLE
| Step 1: | Determine normal daily wage per hour in contract of employment | R20.00 per hour x 9 hours of work = R180.00 |
PUBLIC HOLIDAY FALLS ON DAY DOMESTIC WORKER WOULD NORMALLY WORK
| Step 2: | If the domestic worker does not work on public holiday pay normal daily wage | R180.00 |
| Step 3: | If the domestic worker does work on public holiday pay double normal daily wage | R180.00 x 2 = R360.00 |
PUBLIC HOLIDAY FALLS ON DAY DOMESTIC WORKER WOULD NOT NORMALLY WORK
| Step 2: | If domestic worker does not work, no pay required | R0 |
| Step 3: | If domestic worker does work, Pay normal daily wage (i.e. R180.00) PLUS Wage per hour for each hour worked on public holiday | R180.00 (normal daily wage) + (4 hours worked on public holiday x R20.00 hourly wage) = R260.00 |
[i] See section 18(1) of Sectoral Determination 7
[ii] See section 18(2) Sectoral Determination 7
[iii] See section 18(3) Sectoral Determination 7
